Chief Magistrate Stella Atambo has asked the High Court to stop the Law Society of Kenya (LSK) from boycotting court proceedings before selected judicial officers.
Through her lawyer, Danstan Omari, Atambo argues that the planned boycott is unconstitutional. She also says it is discriminatory and threatens access to justice.
Says Boycott Will Harm Court Users
In her affidavit, Atambo says the boycott will deny Kenyans their right to have cases heard in court.
She argues that advocates, litigants and other court users will suffer if lawyers refuse to appear before selected judicial officers.
She also says the boycott will disrupt court operations. In addition, she argues that it could weaken public confidence in the Judiciary.
Urges Complaints to Follow the Law
Atambo says judicial officers should not face punishment for seeking protection through the courts.
She argues that anyone with complaints against judges or magistrates should file them with the Judicial Service Commission (JSC).
According to her, the JSC is the only constitutional body with the power to investigate and discipline judicial officers.
She also says a boycott bypasses the legal process and undermines constitutional institutions.
Challenges Search of Her Home and Office
Atambo says she has already filed court cases challenging the search of her home and the raid on her office.
She argues that those matters are already before the courts. Therefore, she says the legal process should be allowed to continue.
Questions LSK’s Powers
Through Omari, Atambo argues that the Law Society of Kenya Act and the Advocates Act do not allow LSK to organise or enforce a court boycott.
She says such action threatens judicial independence. She also argues that it interferes with the administration of justice.
Seeks High Court Orders
Atambo wants the High Court to stop the boycott before it takes effect.
She also wants the court to declare that complaints against judicial officers should only be handled through the Judicial Service Commission and the courts, as required by the Constitution.
